86
votes
Accepted
Does this argument against healthcare as a right not apply to a "speedy and public trial"?
One difference is that the trial (and, behind it, criminal prosecution and legal punishment) is something the state is organising for its own purpose in the first place. The right to a speedy trial is ...
- 32k
43
votes
Does this argument against healthcare as a right not apply to a "speedy and public trial"?
The right to a speedy trial just means that the prosecutor may not delay the trial unreasonably. The prosecutor is not actually required to provide a trial. The trial is a requirement to keep the ...
- 90.3k
23
votes
Accepted
Why does the US Constitution mention freedom of the press in addition to freedom of speech?
The Maryland Law Review published an article summarizing several sources of the U.S. freedom of the press (Bogen, 1983).
Parliamentary Privilege
Prior to the American revolution, freedom of press ...
- 24k
23
votes
Does this argument against healthcare as a right not apply to a "speedy and public trial"?
The linked article defines "rights" in a particular way and then goes on to argue that "healthcare" cannot be a right under that definition.
This is akin to the "No True Scotsman" fallacy.
Hamish ...
- 124k
18
votes
Accepted
What does the Tenth Amendment actually do?
The Ninth and Tenth amendments are something of an inseparable pair. The Ninth in particular has been almost entirely subsumed into the Tenth, and almost never gets mentioned in any binding opinion/...
- 16.9k
13
votes
Why does the US Constitution mention freedom of the press in addition to freedom of speech?
Many Constitutional scholars argue that these are not redundant clauses. Remember, during this time the printing press was still a relatively new invention. Freedom of the press likely refers to ...
- 923
9
votes
Accepted
Does the US Constitution guarantee the "certain unalienable rights" asserted in the Declaration of Independence?
This notion of rights that the founding fathers had was influenced by Enlightenment philosophers like Locke, Voltaire, Hume, Rousseau and so on. (see The Philosophy Behind the American Revolution)
The ...
- 124k
9
votes
What does the Tenth Amendment actually do?
The tenth amendment has been called a "truism" by the SCOTUS, As such it formally never mattered. It was always implicit.
The amendment states but a truism that all is retained which has ...
- 124k
7
votes
Which founding fathers supported the first proposed amendment to the Constitution?
You can read the debate on this bill on the Library of Congress website starting here. No roll-call vote was taken, but the amendment passed through a committee of the whole by a vote of 27 - 22. ...
- 24k
7
votes
What was the reasoning behind putting the right to keep and bear arms in the US Constitution?
It's the ultimate separation of powers.
The moment we acknowledge that the right of citizens to self-defend, to defend mutually, and to unite to throw off tyranny is a God-given, unalienable right, ...
- 849
7
votes
Accepted
State law placing gun owners in a database
Per the Firearm Owner's Protection Act,
No such rule or regulation prescribed after the date of the enactment of the Firearms Owners' Protection Act may require that records required to be ...
- 955
6
votes
Accepted
Does the Constitution/Bill of Rights allow for temporary restrictions in case of emergencies?
Does the Constitution/Bill of Rights allow for temporary restrictions in case of emergencies?
Yes. Such restrictions must meet certain tests, among which are "appropriately tailored to achieve a ...
- 36.6k
6
votes
Why isn't the U.S. Constitution and Bill of Rights Taught more comprehensively in schools?
The question is quite biased towards "politicians and big business have vested interests and influence in keeping citizens dumb", as the context is much more complicated.
Teaching politics, laws and ...
- 53.5k
4
votes
State law placing gun owners in a database
In the United States, weapon ownership is a constitutional right (second amendment). The federal government cannot remove a person's right to own a gun without due process. The fourteenth amendment ...
- 90.3k
3
votes
Does the Constitution/Bill of Rights allow for temporary restrictions in case of emergencies?
In cases of governments being allowed to infringe on constitutional privileges the doctrine of strict scrutiny is generally applied. This is especially the case for first amendment issues. The ...
- 14k
3
votes
Does the Constitution/Bill of Rights allow for temporary restrictions in case of emergencies?
There are only a few parts of the constitution that can expressly be temporarily suspended. For example Art 1 Sec 9:
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in ...
- 124k
3
votes
What does the Tenth Amendment actually do?
The 10th amendment is also relevant in recent discussions of police reform. Basically, because of the 10th amendment, congress can't just change how the police work because that's up to the states.
...
- 4,885
3
votes
Does this argument against healthcare as a right not apply to a "speedy and public trial"?
The core difference between your two scenarios is the parties involved. In the healthcare scenario, the two parties are both private individuals (healthcare providers and patients). In the judicial ...
- 24k
2
votes
Which founding fathers supported the first proposed amendment to the Constitution?
Although I can't answer the original query directly, there are a few observations to make, following up on the reasons for support for or against the amendment as noted in a prior response. Of the 12 ...
2
votes
Does this argument against healthcare as a right not apply to a "speedy and public trial"?
I think the issues are different enough that your argument does not invalidate theirs.
The right to a speedy trial prevents the government from incarcerating someone indefinitely without being able ...
- 21k
1
vote
Does this argument against healthcare as a right not apply to a "speedy and public trial"?
I would agree that both health care and a speedy trial are rights, as enshrined in the U.S. Constitution (with the capitalized words Welfare and Justice):
We the People of the United States, in ...
- 111
1
vote
State law placing gun owners in a database
So what it looks like is happening is that Hawaii police are now allowed to run the names of gun owners who reside in the State of Hawaii against the FBI's Rap Back system, which isn't a database of ...
- 16.1k
Only top scored, non community-wiki answers of a minimum length are eligible